Agenda and minutes

Virtual Meeting, Licensing Hearing Sub Committee - Thursday, 11th April, 2024 10.00 am

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Contact: Michael Cunliffe  Democratic Services

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Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were submitted from B. Thomson (Assistant Director of Operations Strategy at Bury Council), Mrs G. Kaur (Premises Licence holder) and PC P. Eccleston (Greater Manchester Police).

 

2.

DECLARATIONS OF INTEREST

Members of the Licensing Hearing Sub Committee are asked to consider whether they have an interest in any matter on the agenda, and, if so, to formally declare that interest.

Minutes:

There were no declarations of interest made.

 

3.

MINUTES OF THE LAST MEETING pdf icon PDF 350 KB

The Minutes of the last Licensing Hearing Sub Committee meeting held at 1.00pm on the 26th March 2024 are attached.

Minutes:

The minutes of the last Licensing Hearing Sub Committee meeting held at 1.00pm on the 26th March 2024 were attached to the agenda.

 

Resolved:- That the minutes of the Licensing Hearing Sub Committee held at 10.00am on the 26th March 2024 be approved as a correct record.

 

4.

AN APPLICATION FROM AN RESPONSIBLE AUTHORITY FOR A REVIEW OF THE PREMISES LICENCE UNDER THE LICENSING ACT 2003 IN RESPECT OF THE OFF LICENCE, 146 TOTTINGTON ROAD, BURY, BL8 1RU pdf icon PDF 979 KB

A report from the Executive Director (Operations) is attached:-

Minutes:

The Executive Director for Operations had submitted a report relating to an application pursuant to section 51 of the Licensing Act 2003 from a Responsible Authority for a review of the premises licence in respect of the Off Licence, 146 Tottington Road, Bury, BL8 1RU.

 

The nature of the application and consideration of options was detailed in the report which was presented to the Members of the Sub-Committee by the Licensing Unit Manager, Mr M. Bridge.

 

The options available were:

  • To revoke the licence
  • To suspend the licence for a period not exceeding three months
  • To remove the Designated Premises Supervisor
  • To exclude a licensable activity from the scope of the licence
  • To modify the conditions of the licence

 

The Licensing Act 2003 and the Licensing Act 2003 (Hearings) Regulations are the relevant legislation.

 

The Panel would make a decision on the day of the hearing and the parties will be notified subsequently of the decision and the reasons for it by letter from the Licensing Office.

 

At the time of the submission of this review application, on the 14th  February 2024, the Premises Licence in respect of the Off Licence, 146 Tottington Road, Bury, BL8 1RU is held by Ms Guljeet Kaur, 68a Commercial Road, Newport, South Wales, NP202PF. Mr Surbir Singh Bhatia15 Gilnow Gardens, Bolton, BL1 4LG is the Designated Premises Supervisor (DPS).

 

The Responsible Authorityhas complied with all the necessary procedural requirements laid down by the Act.

 

As part of the statutory process the Responsible Bodies and interested parties are entitled to make representations in relation to the review of a licence. The Licensing Authority has given Notice of the application by placing a Notice on the premises, at the Council Offices and on the Council web site.  Where further representations are made by either the Responsible Authorities or from local residents / businesses and not withdrawn, Members are required to determine them.

 

Representations must be relevant to the licensing objectives defined within the Act.

The objectives are:-

a)         the prevention of crime and disorder

b)         public safety

c)         prevention of public nuisance and

d)         protection of children from harm

 

The current licensable activities are as follows:

 

The Supply of alcohol – For consumption off the premises:

Monday to Sunday                              08.00 to 22.00

Opening Hours

Monday to Sunday                              07.00 to 22.00

 

The conditions, consistent with the premises operating schedule are attached to the current premises licence are attached at appendix 6:

 

The Trading Standards Service would shortly expand upon the reason(s) for their application to review the Premises Licence in relation to this premises. The representation was attached at appendix 1 which contains a further 5 Appendices. The appendices were marked 2 to 5 respectively in the agenda pack.

 

The Licensing Authority would also shortly expand upon the reason(s) for their representation in relation to these premises. This representation was attached at appendix 7 in the agenda pack.

 

The Licensing Unit Manager informed Members that due to operational staffing issues at Greater Manchester Police, PC  ...  view the full minutes text for item 4.